PROVIDENCE — A Superior Court judge has ruled that the Providence School Board was justified in delaying the return to Classical High School of a teenager who showed fire-setting tendencies.Judge Daniel...

Comment

By
Katie Mulvaney
Posted Jun. 18, 2014 @ 12:01 am

PROVIDENCE — A Superior Court judge has ruled that the Providence School Board was justified in delaying the return to Classical High School of a teenager who showed fire-setting tendencies.

Judge Daniel A. Procaccini found that the board had “more than substantial justification” for its reluctance to readmit the unnamed female student just before the close of the school year in 2012. The teenager had been absent 54 days and tardy 52, was not taking her medications and had been unaccounted for in the school building after having been identified as having fire-setting behavior and depression. In addition, her physician had not personally signed her after-care instructions following her release from Butler Hospital.

“Taken together, the Providence School Board was substantially justified in heeding these various warning signs and taking steps to protect Student Doe herself, as well as other students and faculty members at Classical High School,” Procaccini wrote.

According to the ruling, the student struggled with mental-health issues and depression and was hospitalized in October 2011 and May 2012.

An assessment following her hospitalization in the fall of 2011 revealed that she had engaged in fire-setting behaviors at home and intended to use fire again after her discharge. The evaluation concluded that she used it as a coping strategy in response to feelings of powerlessness and isolation.

A second evaluation the following spring showed worsening depression and a failure to take her medication. She was diagnosed with ADHD and oppositional defiant disorder. A psychiatrist recommended that reducing her exposure to stress would lower her risk level.

The school board would not allow her to return to school upon her release. A no-trespass order was issued against her and her legal guardian, Kennette Pierre.

Pierre requested a hearing from state Education Commissioner Deborah Gist, alleging that the teenager was being denied “a free and appropriate education.”

The school board, in response, expressed concern about her returning to school days before finals. It offered her tutoring instead.

At the conclusion of the hearing, the hearing officer found that the teenager could return to Classical under the state’s jurisdiction and asked that the school board withdraw its no-trespass order.

Gregory A. Mancini, lawyer for the student, then submitted a request to be awarded legal costs. In denying that request, the hearing officer found that the school board’s decision to prohibit the student from returning to the school was factually supported and substantially justified by legitimate safety concerns, particularly given the timing of the student’s return during a period of stress.

The state Board of Education upheld the hearing officer’s finding, but it expressed concern about the length of time — from May 9 through May 29 — it took to reach a decision about whether the student should be readmitted. It urged the city board to avoid such delay in the future.

Pierre appealed those findings in Superior Court in a lawsuit that named the city board, Gist and the state Board of Education as defendants.